In Support of the Consortium for Language Access in the Courts
Resolution 6 In Support of the Consortium for Language Access in the Courts
The Conference of Chief Justices and the Conference of State Court Administrators (COSCA) recognize that the work of the Consortium for Language Access in the Courts greatly advances member states' and territories' efforts to provide due process and access to justice for Limited English Proficiency (LEP) individuals.
The COSCA White Paper titled Court Interpretation: Fundamental to Access to Justice, adopted by the Conference of Chief Justices in January 2008 and by COSCA in November 2007, underscores the need to ensure the long-term sustainability of the Consortium. However, current Consortium revenue is insufficient to maintain its essential work, particularly in supporting the viability of interpreter certification examinations.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators:
- Support the modification of the current member states' supplemental fee structure. The proposed model aligns with the National Center for State Courts' (NCSC) state assessment formula — comprising a base amount of $5,000 and a multiplier of 2.25 for every 1,000 LEP persons in the state, based on the 2000 Census (to be updated with each subsequent census). This structure will be effective through 2012. It is recognized that states may need to implement the increased fee incrementally due to fiscal constraints. Non-member states are encouraged to join the Consortium to access its resources and contribute to nationwide competency standards.
- Urge the establishment of ongoing dialogue with the U.S. Department of Justice (DOJ), in partnership with NCSC, regarding the implementation of Presidential Executive Order 13166 under Title VI of the Civil Rights Act of 1964 and the DOJ's related compliance reviews.
- Endorse the passage of S. 1329, the State Court Interpreter Grant Program (also known as the Kohl bill), or similar legislation to fund state court interpreter services. Passage of such legislation is deemed one of the highest legislative priorities of the Conferences. Additionally, state courts that receive such funding are encouraged to allocate a portion to support the Consortium's work.
- Seek funding to organize a summit bringing together national leaders — including members of the Conference of Chief Justices, COSCA, the Consortium for Language Access in the Courts, the DOJ, and other stakeholders — to address language access and immigration issues affecting state courts.
Adopted as proposed by the CCJ/COSCA Access, Fairness and Public Trust Committee at the 2010 Annual Meeting on July 28, 2010.